Cecily Zamora
Sanctuary cities are jurisdictions that limit the cooperation of local and regional governments with national governments' efforts to enforce immigration law. The term sanctuary city does not have a precise legal definition, and policies vary widely depending on the location. In the United States, sanctuary policies may include prohibiting police or city employees from questioning people about their immigration status or refusing requests by national immigration authorities to detain people beyond their release date. In the United Kingdom, sanctuary cities provide services such as housing, education, and cultural integration to asylum seekers. The movement to establish sanctuary cities in the United States began in the early 1980s, while the UK movement began in Sheffield in 2005.
| Characteristics | Values |
|---|---|
| Definition of a sanctuary city | There is no precise legal definition of a "sanctuary city". |
| History of sanctuary cities | The movement that established sanctuary cities in the US began in the early 1980s, with roots in religious philosophy and resistance to state injustices. |
| Purpose of sanctuary policies | To protect public safety, allow state and local governments to determine how they allocate resources, and shield local law enforcement agencies from liabilities resulting from immigration law enforcement. |
| Examples of sanctuary policies | Prohibiting police or city employees from questioning people about their immigration status; refusing to detain people beyond their release date if jailed for breaking local law; restricting the ability of local police to make arrests for federal immigration violations. |
| Legal status of sanctuary policies | The US Constitution and federal statutes do not prohibit policies that limit cooperation with federal immigration enforcement. Federal actions intended to force local jurisdictions to perform immigration enforcement are likely unconstitutional. |
| Impact of sanctuary cities | Multiple studies have shown that sanctuary cities do not have higher crime rates. |
| Examples of sanctuary cities | Los Angeles, San Francisco, Sacramento, Chicago, Glasgow, Sheffield. |
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What You'll Learn
The history of sanctuary cities
The concept of sanctuary cities has a long history, with some arguing that the idea dates back to the 1850s when non-slave states in the US implemented personal liberty laws to combat the Fugitive Slave Act, which prohibited local officials from assisting in the capture and return of slaves. This marked the beginning of sanctuary cities as jurisdictions that prioritize enforcing local laws and community interests over federal immigration laws.
The term "sanctuary city" itself emerged in the 1980s, amidst the US government's refusal to grant asylum to Central American refugees fleeing civil wars in countries like El Salvador and Guatemala. Faith-based groups, immigrant rights organizations, and political and religious institutions in the US and Central America led the sanctuary movement, offering protection to asylum seekers. San Francisco took a pioneering role in 1985 by forbidding city police from complying with federal immigration officials, and Chicago soon followed suit with an executive order restricting cooperation between city agencies and these federal authorities.
The movement has since expanded to over 300 jurisdictions in the US, with varying policies. Some cities have enacted laws prohibiting the use of city resources to enforce immigration laws, while others have policies directing local law enforcement to honor immigration detainers only under specific circumstances, such as for serious or violent crimes. These policies can be set in law (de jure) or observed in practice (de facto), but the designation of a "sanctuary city" lacks a precise legal definition.
The UK also has sanctuary cities, with Sheffield initiating the movement in 2005 in response to a national policy dispersing asylum seekers across the country. Sanctuary cities in the UK provide services such as housing, education, and cultural integration to asylum seekers, fostering a culture of hospitality.
While proponents of sanctuary cities argue for the reduction of fear of deportation, the preservation of immigrant families, and improved public safety through increased trust and cooperation with law enforcement, critics highlight concerns about the rule of law, public safety, and the strain on local resources. The debate surrounding sanctuary cities continues, with varying policies and interpretations of jurisdiction across different states and cities.
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The law in the United States
Sanctuary jurisdictions exist throughout the United States, but there is no official or precise legal definition of what constitutes a "sanctuary city". In general, it refers to a policy that limits or defines the extent to which a local or state government will share information with federal immigration law officers.
The movement that established sanctuary cities in the US began in the early 1980s, with roots in religious philosophy and the histories of resistance movements to perceived state injustices. The sanctuary city movement aimed to challenge the US government's refusal to grant asylum to certain Central American refugees.
Sanctuary policies take many forms, but they generally fall into the following categories: policies restricting the ability of state and local police to make arrests for federal civil immigration violations, or to detain individuals on civil immigration warrants; policies prohibiting “287(g)” agreements, through which Immigration and Customs Enforcement (ICE) deputizes local law enforcement officers to enforce federal immigration law.
Even in sanctuary jurisdictions, officials still send the fingerprints of any person booked into a prison or jail to the federal government, which can then be used to identify noncitizens for potential deportation. Sanctuary jurisdictions may also rent jail space to the federal government to house immigrant detainees through Inter-Governmental Service Agreements (IGSAs).
Some states have passed laws that punish localities for passing sanctuary policies, and some have even passed laws that force state and local law enforcement to act as an arm of federal immigration enforcement. However, the federal government cannot force local jurisdictions to honour immigration detainers, and courts have repeatedly held that the Tenth Amendment prohibits the federal government from compelling states and localities to participate in immigration enforcement.
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The law in the United Kingdom
The concept of "sanctuary" has a long history in the United Kingdom, dating back to at least the 6th century. King Æthelberht made the first laws regulating sanctuary around AD 600, and the practice was recognised under English common law in the Middle Ages. During this period, a criminal who had taken refuge in a church could not be removed for 40 days. After this period, the individual could choose to either face trial or leave the country, and they would be safely escorted to the nearest port.
The right of sanctuary was based on the inviolability of sacred places, such as churches. It was recognised under the Code of Theodosius (399) and later by the Code of Justinian. The practice was not limited to England, with similar sanctuary laws being enacted in France during the late 6th century, as described by Gregory of Tours.
In modern times, the term "sanctuary city" refers to a municipality that limits or denies its cooperation with the national government in enforcing immigration law. While the UK does not use the term "sanctuary city", there have been instances where cities have adopted policies that align with the principles of sanctuary cities. For example, in 1979, the Los Angeles City Council adopted Special Order 40, barring LAPD officers from initiating contact with individuals solely to determine their immigration status. Similarly, San Francisco declared itself a sanctuary city in 1989 and strengthened its stance in 2013 with the 'Due Process for All' ordinance.
In the United Kingdom, there is no legal obligation for asylum seekers to claim and remain in the first safe country they reach. This means that asylum seekers who move on to the UK are not breaking the law or disqualifying themselves from refugee status. However, prior to Brexit, the UK participated in the Common European Asylum System and the Dublin Regulation, which allowed for the transfer of asylum seekers back to other EU countries in certain circumstances. Since Brexit, the UK government has attempted to implement a similar system for third countries.
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The law in other countries
In the United Kingdom, sanctuary cities provide services such as housing, education, and cultural integration to asylum seekers. The movement began in Sheffield in 2005, motivated by a 1999 national policy that dispersed asylum seekers to different towns and cities in the UK. Glasgow is a notable sanctuary city in Scotland, having accepted its first asylum seekers in 2000. The term "sanctuary city" in the UK does not necessarily carry a formal governmental designation.
In the United States, sanctuary policies vary widely across states and cities. While there is no official definition, sanctuary jurisdictions generally adopt policies that limit cooperation with federal immigration enforcement. This includes prohibiting police from questioning individuals about their immigration status and refusing to detain people solely based on their immigration status. Cities like Los Angeles, San Francisco, and Sacramento have enacted sanctuary ordinances, with California being a prominent "sanctuary state." However, the federal government has challenged these policies, and the Trump administration sought to increase immigration enforcement in sanctuary cities.
In Texas, Senate Bill 4 effectively banned sanctuary cities by allowing charges against officials who refuse to work with federal immigration authorities. Vermont passed a law granting the Governor the authority to direct law enforcement to enforce federal immigration law, ensuring compliance with federal regulations. Arizona's SB 1070 law, aimed at limiting access to public benefits by illegal immigrants, was struck down by the Supreme Court as unconstitutional.
While sanctuary policies are commonly associated with immigration-related themes, the concept has been applied in other contexts. For example, Berkeley, California, declared itself a sanctuary city in 1971, offering protection for U.S. Navy soldiers who resisted the Vietnam War.
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Public opinion on sanctuary cities
A 2022 Harvard-Harris Poll survey found that 77% of respondents supported comprehensive immigration reform, while 23% opposed it. However, the same poll also found overwhelming opposition to sanctuary cities, with 47% of respondents saying that allowing refugees into the country negatively impacted the nation, compared to 33% who said it had a positive effect.
Supporters of sanctuary cities argue that they help further public safety and that they are safer for everyone. Sanctuary policies allow immigrants to report abuses and engage with public safety officials without fear of deportation. They also allow immigrants to feel more comfortable acting as witnesses in criminal investigations. Research has shown that, on average, 35.5 fewer crimes are committed per 10,000 people in counties with sanctuary policies compared to those without. Sanctuary cities also offer an alternative to the Trump administration's use of fear to justify eroding the rule of law.
Opponents of sanctuary cities argue that they attract more people to enter the country unlawfully and place a strain on local resources as undocumented immigrants may access public services. They also highlight concerns about public safety, pointing to cases where individuals involved in violent crimes were released instead of being handed over to federal authorities.
The debate around sanctuary cities has led to legal challenges, with the Department of Homeland Security publishing a list of sanctuary cities in 2025, and the Trump administration suing states and cities with sanctuary policies.
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Frequently asked questions
A sanctuary city is a place that provides services such as housing, education, and cultural integration to asylum seekers. The term sanctuary city does not have a precise legal definition, but it generally refers to a policy that limits the extent to which local governments will cooperate with federal immigration enforcement.
There is no federal law prohibiting sanctuary cities, and the Tenth Amendment of the U.S. Constitution prohibits the federal government from compelling states and localities to participate in immigration enforcement. However, individual states may pass laws banning sanctuary cities, such as Texas Senate Bill 4, passed in 2017.
Sanctuary city policies are argued to improve public safety by allowing immigrants to work with police without fear of deportation, allow state and local governments to determine their priorities and allocate resources accordingly, and shield local law enforcement from liabilities resulting from local enforcement of federal immigration laws.
Opponents of sanctuary cities argue that they obstruct federal immigration enforcement and provide shelter to undocumented immigrants. They also argue that the federal government has sole jurisdiction over immigration matters, and therefore local law enforcement must cooperate with federal investigations.
Multiple studies have shown that sanctuary cities do not have higher crime rates.
